Privacy and Safety <i class="build-playback-play font-15"></i> Terms of Use

Tigo Energy Management Software and Service

Terms of Use

Please read these terms of use carefully. These terms of use constitute a contract that governs your use of this website and the Tigo Energy Management Software (“Software”) and other services or software that directly display or link to the Software (collectively, the “Service”). By using or accessing the Service, you confirm that you agree to these terms.

If you are entering into these terms of use on behalf of another person, including but not limited to a company or other legal entity, you represent that you have the authority to bind such person to these terms and conditions, in which case the terms “you” or “your” shall refer to you and such person.

1. What these terms of use cover

These terms of use are a contract between you and Tigo Energy, Inc. (“Tigo Energy,” “we,” “us,” or “our”) for use of the Service. Please note that we don’t provide additional warranties for the Service. These terms of use also limit our liability to you.

2. Right to Use the Service

We hereby grant to you a personal, non-exclusive, nontransferable, non-sublicensable, worldwide right to access our Service and the data owned by us as set forth in Section 5, below, solely for the purpose of managing your use of equipment produced by us or authorized by us for use with the Service. The foregoing license includes your right to designate authorized persons with specific access and use rights to the Service, provided that you are responsible for compliance by such persons with these terms of use. Except for the limited rights granted herein, we reserve all right, title and interest in and to the Service, the Software and the data.

3. Using the Service

When using the Service, you must comply with these terms of use and all applicable laws. You must not use the Service to harm others or the Service. You must not: damage, disable, overburden or impair the Service (or any network connected to the Service); resell or redistribute the Service or any part of it in an unauthorized manner; use any unauthorized means to modify, reroute, or gain access to the Service or attempt to carry out these activities. You may be able to access third-party websites or software via the Service; you acknowledge that we are not responsible for such websites or software or content that may be available there.

4. Your Service account, associated accounts, and accounts from third parties

Only you may use your Service account. You must keep your accounts and passwords confidential. You must contact us immediately if you suspect misuse of your accounts or any security breach in the Service. For some parts of the Service, you may be able to set up additional accounts that are dependent on your account (i.e., “associated accounts”). You are responsible for all activity that takes place with your Service account and any associated accounts.

If you use an associated account, you acknowledge that the holder of the Service account has full control over your associated account. If a third party, such as a system integrator, opened or otherwise initiated your account, that party has rights to your account and may: manage your account, reset your password, or suspend or cancel your account; view your account’s usage and profile data, including how and when your account is used; and read or store content in your account, including electronic communications, contact lists, and other information.

5. Status of data

Data provided to us in connection with the Service, and all data generated by your solar energy system which is conveyed through a Tigo Energy Maximizer Management Unit or Cloud Connect device is stored in Tigo Energy datacenters. Such datacenters may be outside of the country in which the data originated. To the extent allowed by applicable law, all such data, including data that you provide to us in connection with the Service, will be, as soon as such data is stored in a Tigo datacenter, owned by Tigo. Your subsequent use of such data will be subject to Section 2, above. If applicable law requires that you remain owner of all or part of your data, then with respect to such data owned by you, you hereby grant to us a license to use such data as provided herein. As the owner and/or licensee of all such data, Tigo’s rights in and to the data will include, but not be limited to the following: (i) collect, receive, deposit, organize and maintain such data in our datacenters; (ii) access, use, extract and enhance such data to (a) provide services supplied by us or requested by you, and contact you regarding such services, (b) contact you regarding new or improved services, (c) obtain your consent for us to contact you in connection with other products, services and opportunities selected by us as potentially of interest to you, (d) create and deliver specified reports to you, and (e) comply with applicable law; (iii) permit access to such data by authorized persons identified by you; and (iv) extract, convert and otherwise use such data, including disclosing such data to third parties for Tigo’s business purposes.

You are responsible for backing up the data that you store on the Service. If your Service is suspended or canceled, we may permanently delete the data that you have stored from our datacenter. We have no obligation to return data to you after the Service is suspended or canceled. If data is stored with an expiration date, we may also delete the data as of that date. Data that is deleted may be irretrievable.

The data provided by us through the Service should not be considered an entirely accurate account of the energy production of your solar energy system. Such data should be used by you for informational purposes only. Use of the information for other purposes (including but not limited to disclosure to us or third parties for AC revenue reporting or to support warranty claims) requires express notification to us and mutual agreement by you and us, as reporting often requires additional equipment and incremental services to comply with reporting requirements.

6. Privacy

In order to operate and provide the Service, we collect certain information about you. As part of the Service, we may also automatically upload information about your computer, your use of the Service, and Service performance. In addition to our ownership and/or license and use of the data you provide to us as set forth in Section 5, above, to the extent allowed by applicable law, we may access or disclose information about you, including the content of your communications, in order to: (a) comply with the law or respond to lawful requests or legal process; (b) protect the rights or property of Tigo Energy or our customers, including the enforcement of our agreements or policies governing your use of the Service; and (c) act on a good faith belief that such access or disclosure is necessary to protect the personal safety of Tigo Energy employees, customers, or the public.

The Service operates on a private computer network that we manage for our benefit and the benefit or our customers. We retain the right to block or otherwise prevent delivery of any type of communication to or from the Service as part of our efforts to protect the Service, protect our customers, or stop you from breaching these terms of use. The technology or other means we use may hinder or terminate your use of the Service.

7. Software

If you receive software from us as part of the Service, its use is governed in one of two ways. If you’re presented with license terms that you must accept in order to use the software, those terms apply, and if no license is presented to you, these terms of use apply.

Any software we provide to you is licensed, not sold. Unless we notify you otherwise, the software license ends when your Service ends. You must then uninstall the software, or we may disable it. You must not work around any technical limitations in the software. You must not disassemble, decompile, or reverse engineer any software that’s included in the Service, except and only to the extent that the applicable copyright law expressly permits doing so.

The software is subject to applicable U.S. export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users, and end use.

8. How we may change these terms of use

If we amend these terms of use, we will notify you before the change takes effect. We may give this notice by posting it on our website, or by any other reasonable means. By using the Service, you agree to abide by these terms and conditions, along with any amendments. If you don’t agree to the amendments to these terms and conditions, you must cease using the Service. Your continued use of the Service after the effective date of any amendment to the terms and conditions constitutes your acceptance of the terms and conditions as amended.

9. No Warranty

We provide the Software and the Service “as is,” “with all faults,” and “as available,” without any express or implied warranty or condition of any kind. We don’t guarantee the accuracy or timeliness of information available from the Software or Service. You acknowledge that computer and telecommunications systems are not fault-free and occasional periods of downtime occur. We do not guarantee that the Service will be uninterrupted, timely, secure, or error-free, or that data loss will not occur. We and our affiliates, resellers, distributors, and vendors give no express warranties, guarantees, or conditions. We exclude any implied warranties, including for merchantability, satisfactory quality, fitness for a particular purpose, workmanlike effort, and noninfringement. You may have certain rights under your local law. Nothing in these terms of use is intended to affect those rights, if they are applicable.

10. Liability Limitation

YOU CAN RECOVER FROM US AND OUR AFFILIATES, RESELLERS, DISTRIBUTORS, AND VENDORS ONLY DIRECT DAMAGES UP TO AN AMOUNT EQUAL TO YOUR SERVICE FEE FOR ONE MONTH. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE DAMAGES. YOU ACKNOWLEDGE THAT THE LIMITATIONS ON LIABILITY IN THIS SECTION ARE REASONABLE AND THAT THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THESE TERMS OF USE BETWEEN YOU AND US, AND THAT THE PARTIES HAVE RELIED UPON THE LIMITATIONS SET FORTH HEREIN IN DETERMINING WHETHER TO ENTER INTO THESE TERMS OF USE. THE REMEDY PROVIDED TO YOU IN THIS SECTION IS EXCLUSIVE.

The limitations and exclusions apply to any loss or damage incurred by you in connection with:
  • Your use of the Service and Software.
  • Your loss of data.
  • Internet delays or delivery failures.
  • Content (including code) on third-party websites, third-party programs, or third-party conduct accessed via the Service.
  • Viruses or other disabling features that affect your access to or use of the Service.
  • Incompatibility between the Service and other services, software, and hardware.
  • Delays or failures you may have in starting or completing transmissions or transactions in connection with the Service in an accurate or timely manner.
  • Your claims for breach of contract; breach of warranty, guarantee or condition; strict liability; tort (including negligence or breach of statutory duty); or misrepresentation.

THE LIMITATIONS AND EXCLUSIONS ALSO APPLY IF THE REMEDY SET FORTH IN THIS SECTION DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE OR IF WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF THE DAMAGES.

SOME OR ALL OF THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IF YOUR STATE, PROVINCE, OR COUNTRY DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES.

11. Changes to the Service and Cancellation

We may change the Service or delete features at any time for any reason. A particular Service may be a prerelease version, e.g., a beta version, and may not work correctly or in the way a final version might work. We may significantly change the final version or decide not to release a final version.

We may cancel or suspend your Service and your access to our datacenter at any time without notice and for any reason. Our reasons for cancellation may include that you breach these terms of use, or don’t pay fees that you owe to us or to our agents. If your Service is canceled, your right to use the Service stops immediately. If we cancel your credentials, your right to use our datacenter stops immediately. Cancellation of the Service or credentials won’t alter your obligation to pay all charges made to your billing account.

You may cancel the Service at any time and for any reason. If you have subscribed for a paid version of our Service, some cancellation charges may apply.

Sections that by their terms apply after termination of these terms of use will survive any termination of these terms of use.

12. General legal terms

All parts of these terms of use apply to the maximum extent permitted by relevant law. If a court holds that we cannot enforce a part of these terms of use as written, you and we will replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of these terms of use won’t change. This is the entire contract between you and us regarding the Software and Service. It supersedes any prior contract or oral or written statements regarding your use of the Software and Service. If you have confidentiality obligations related to the Software or Service—for example, you may have been a beta tester—those obligations remain. Other terms may apply when you use or pay for other Tigo Energy software, hardware or services. The section titles of these terms of use don’t limit their terms.

We may assign, transfer, or otherwise dispose our rights and obligations under these terms of use, in whole or in part, at any time without notice. You may not assign these terms of use or transfer any rights to use the Software or Service.

These terms of use are solely for your and our benefit. It is not for the benefit of any other person, except for permitted successors.

Claims must be filed with us and with any court of applicable jurisdiction within one year of incurring the damage relating to the claim. In other words, you must bring any claim related to these terms of use or the Service within one year of the date you could first bring the claim. If your claim isn’t filed in time, the claim is permanently barred. BY AGREEING TO THIS TERM, YOU AND WE SPECIFICALLY INTEND TO SHORTEN ANY APPLICABLE STATUTES OF LIMITATION ON MAKING CLAIMS AND FILING LAWSUITS.

You may notify us through customer support for the Service. These terms of use are in electronic form. We may send you, in electronic form, information about the Service, additional information, and information the law requires us to provide. We may provide required information to you by email at the address you specified when you signed up for the Service or by access to a Tigo Energy website that we identify. Notices emailed to you will be deemed given and received when the email is sent. If you don’t consent to receive notices electronically, you must stop using the Service.

These terms of use shall be binding upon and inure solely to the benefit of the parties. The parties intend that there shall be no third party beneficiaries under these terms and conditions, and that no person or entity, except the parties, shall have any rights or remedies under these terms and conditions, including the right to bring any action on account of their breach or in any relation to it whether in contract, in tort, or otherwise.

You agree to release, defend, indemnify, and hold Tigo Energy and its affiliates harmless from any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (a) your access to or use of the Software or Services or your violation of these terms; and (b) to the extent allowed by applicable law, the use of your data.

By using or accessing the Service, you confirm that you have agreed to these terms with respect to any and all data that you provide to us, or that is generated by your solar energy system which is conveyed through a Tigo Energy Maximizer Management Unit or Cloud Connect device at any time, including but not limited to data provided or generated before the date that you agreed to these terms of use.

All claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be subject to the laws of the State of California, excluding its conflict of laws rules. The parties irrevocably submit to the exclusive jurisdiction of courts located in the State of California. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND TIGO ENERGY ARE EACH WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION.

Notifications of claimed copyright infringement should be sent to our designated agent.

All contents of the Software and Service are Copyright © 2020 Tigo Energy, Inc. and/or its suppliers, 655 Campbell Technology Parkway, Suite 150, Campbell, CA 95008, USA. All rights reserved. We or our suppliers own the title, copyright, and other intellectual property rights in the Software, Service and content. Any rights not expressly granted in these terms of use are reserved.

13. Support

Customer support can be contacted by e-mail (support@tigoenergy.com), or phone (+1.888.609.TIGO (8446)).

Updated on July 10, 2020 at 10:55